RALEIGH, N.C. (AP) — Lawyers for Army Sgt. Bowe Bergdahl argue that his due process rights have been violated by critical comments from U.S. Senator John McCain.

Defense lawyers filed a motion Monday seeking to dismiss charges against Bergdahl, who walked off his post in 2009 in Afghanistan and wound up in enemy captivity. He's charged with desertion and misbehavior before the enemy, and his military trial is scheduled for early next year. McCain said in 2015 that he would hold Senate committee hearings on Bergdahl if the soldier weren't punished.

McCain leads the Senate Armed Services Committee. Emails included in the defense motion reveal that Army officials sought to have McCain back off of his comments. A spokesman for McCain didn't immediately respond to a message seeking comment Tuesday.

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